On the ratification of the Agreement between the Republic of Kazakhstan and the Republic of Bulgaria on Legal Assistance in Criminal Matters

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The Law of the Republic of Kazakhstan dated September 21, 2015 No. 350-V SAM

To ratify The Agreement between the Republic of Kazakhstan and the Republic of Bulgaria on legal assistance in criminal matters, signed in Sofia on November 14, 2014.

President of the Republic of Kazakhstan N. NAZARBAYEV

AGREEMENT between the Republic of Kazakhstan and the Republic of Bulgaria on Legal Assistance in Criminal Matters

Entered into force on November 5, 2015 - Bulletin of International Treaties of the Republic of Kazakhstan 2015, No. 6, art. 59

The Republic of Kazakhstan and the Republic of Bulgaria, hereinafter referred to as the "Parties", guided by the norms of international law in the field of crime prevention and criminal justice, attaching great importance to the development of cooperation in the field of mutual assistance in criminal matters, based on friendly relations between the two States, agreed on the following:

Chapter 1 General provisions

Article 1 Obligation to provide legal assistance

1. The Parties shall provide each other with legal assistance in criminal matters in accordance with their respective laws and the provisions of this Treaty. 2. For the purposes of this Treaty, the term "criminal cases" means the investigation, prosecution and proceedings in relation to crimes, the punishment of which falls under the jurisdiction of the competent authorities of the requesting Party. 3. Criminal cases are also cases related to crimes for violations of tax and customs legislation, or all other cases related to income, and assistance cannot be refused on the grounds that the legislation of the requested Party does not apply the same type of taxes or does not contain taxes, fees and customs obligations in the same in accordance with the legislation of the requesting Party. 4. Legal assistance under this Agreement includes: a) the delivery of subpoenas and other documents; b) the collection of evidence; (c) Inspection, search and seizure; (d) Examination; (e) Interrogation of victims, suspects, defendants, defendants, witnesses, experts; (f) Transfer of objects and documents; (g) Transfer of sentences or criminal records; (h) exchange of legal information, including information on sentences; and) any other form assistance compatible with the subject matter of this Agreement, which is not prohibited by the legislation of the requested Party. 5. This Treaty does not apply to the extradition of persons, the execution of sentences in criminal cases, the transfer of convicted persons and the transfer of criminal cases.

Article 2 Refusal and postponement of legal assistance

1. The requested Party may refuse to provide the requested legal assistance in whole or in part if: a) the execution of an order for legal assistance contradicts its legislation or does not comply with the provisions of this Treaty; b) the crime in respect of which an order for legal assistance is received is punishable in the requesting Party by a type of punishment prohibited by the legislation of the requested Party; (c) There are good reasons to believe that the request for legal assistance is aimed at criminalizing, punishing, or facilitating other types of actions against a person for reasons of race, gender, religion, nationality, or political beliefs, or that the position of that person may be harmed for any of these reasons; (d) the requested Party has initiated criminal proceedings or a court verdict has been passed against the same person for the crime specified in the order for legal assistance.; e) the execution of an order for the provision of legal assistance poses a threat to the sovereignty, security, public order or other essential interests of the requested Party, or may cause conflicts with the fundamental principles of its legislation. 2. The requested Party may delay the execution of an order for the provision of legal assistance if its execution serves as an obstacle to criminal proceedings being conducted in its territory. 3. Before refusing to execute an order for legal assistance or postponing its execution, the requested Party has the right to consider the possibility of providing legal assistance under certain conditions. To this end, the central authorities of the Parties, designated in accordance with Article 3 of this Treaty, shall consult with each other, and if the requesting Party agrees, legal assistance shall be provided to it in an agreed manner under certain conditions. 4. When the requested Party refuses or delays the provision of legal assistance, it shall immediately notify the requesting Party in writing of the reasons for such refusal or postponement.

Article 3 The procedure for making contacts

1. Courts, prosecutor's offices, internal affairs bodies and other competent authorities provide legal assistance through the central authorities of the Parties. The central authorities are: for the Republic of Kazakhstan - the Prosecutor General's Office; for the Republic of Bulgaria - the Ministry of Justice. 2. When executing this Agreement, the central authorities of the Parties establish direct communication with each other. 3. Within thirty (30) calendar days after the entry into force of this Agreement, the Parties shall exchange information about the central authorities, including addresses and other necessary data. The Parties shall immediately inform each other of any changes in this information.

Article 4 Validity of documents

1. Documents that are issued or certified in the territory of one of the Parties by a competent authority or a specially authorized person within its competence and in the prescribed form and sealed with an official seal are accepted in the territory of the other Party without any special certificate. 2. Documents that are considered official documents on the territory of one of the Parties enjoy the legal force of the same official documents on the territory of the other Party.

Article 5 Language

1. In the course of the performance of this Agreement, the Parties shall use the Russian language or the official language of the other Party in their relations with each other. 2. Documents drawn up in the official language of the Parties or in another language are accompanied by a translation into Russian. 3. Verification of the correctness of the written translation of documents is carried out in accordance with the legislation of the Parties and the provisions of this Agreement.

Article 6 Expenses

1. The Parties shall bear the expenses related to the implementation of this Agreement in accordance with their respective laws. 2. The requested Party shall bear the costs of providing legal assistance, unless otherwise provided in this Agreement. 3. The requesting Party shall bear: a) the costs of travel and stay in the requested Party of the persons specified in Article 10 of this Treaty; b) expenses for travel and stay in the requesting Party, reimbursement of unpaid wages for the days of absence from work of the persons referred to in paragraph 1 of Article 11 of this Treaty; c) expenses related to the transfer and protection of persons in custody or escorted in accordance with Article 15 of this Treaty; d) expenses for the payment of the labor of experts and translators; e) expenses related to the storage and transfer of seized items.

Article 7 Information on legal issues

On the basis of instructions, the central authorities of the Parties shall provide information on the legislation in force or in force in their State and the practice of its application, as well as other information on legal issues.

Chapter 2 The procedure for providing legal assistance

Article 8 The order for the provision of legal assistance and the procedure for its execution

1. Legal assistance in criminal matters provided for in this Agreement is provided on the basis of an order, which is drawn up in writing, signed by an official and stamped by the competent authority of the requesting Party. In urgent cases, the requested Party may accept an order sent by fax, as well as using other means of communication. In this case, the original order will be sent as soon as possible. 2. An order for legal assistance is executed in accordance with the legislation of the requested Party and the procedures described in the order, if they do not contradict the legislation of the requested Party and the basic principles of its law. 3. If the requested Party considers that the information contained in the order is insufficient for its execution, it may request additional information. 4. The central authorities of the Parties shall take the necessary measures for the timely and complete execution of the order for the provision of legal assistance. If legal assistance cannot be provided on the grounds provided for in paragraph 1 of Article 2 of this Treaty, the central authority of the requested Party shall return to the central authority of the requesting Party the request for legal assistance and the documents attached thereto.

Article 9 Content of the request for legal assistance

1. An order for legal assistance shall specify: a) the name of the competent authority conducting the investigation or the court; b) a description of the fact of the crime, indicating the time and place of its commission and the harm caused, if any; c) an indication of the applicable provisions of legislation, including provisions on the statute of limitations of criminal liability and an extract from criminal legislation providing for liability for the crime for which legal assistance is requested; d) a description of the requested measures; e) in cases of reasonable urgency, an indication of the time period during which the execution of the order for the provision of legal assistance is expected; f) an indication of the persons whose presence is necessary during the execution of the order for the provision of legal assistance, in accordance with Article 10 of this Agreement; g) information on payments and compensation for expenses to which the person is entitled summoned to appear on the territory of the requesting Party in accordance with Article 11 of this Treaty. 2. The request for legal assistance, if possible, also includes the following: a) information about the persons being investigated; b) information about the person who is to be identified or his location discovered; c) information about the identity and place of residence of the person to whom the documents are to be served, as well as the manner in which it must be made; d) information about the identity and place of residence of the person who is to give evidence or make a statement; (e) The location and description of the place or object to be examined; (f) The location and description of the place to be searched and the items to be seized or arrested; (g) Any special procedure required for the execution of a legal assistance order and the appropriate conditions for this;) the degree of confidentiality to be respected and the appropriate justification; and) any other information that may facilitate the execution of the order for legal assistance.

Article 10 The presence of representatives of competent authorities in the provision of legal assistance

Representatives of the competent authorities of the requesting Party may, with the consent of the requested Party, be present during the execution of orders for the provision of legal assistance in criminal matters.

Article 11 Summoning of victims and their representatives, civil plaintiffs and civil defendants, witnesses and experts

1. If necessary, victims or their legal representatives, civil plaintiffs, civil defendants, witnesses or experts located on the territory of the other Party may be summoned to participate in pre-trial proceedings or consideration of the case in court on the territory of one of the Parties. 2. At the request of the persons referred to in paragraph 1 of this Article, the competent authority of the requesting Party shall pay them an advance to cover the relevant costs provided for in subparagraph (b). paragraph 3 of Article 6 of this Treaty. The advance payment may be made through the diplomatic mission of the requesting Party. 3. In case of non-appearance, the summoned person is not subject to sanctions or coercive measures.

Article 12 Immunity

1. In the territory of the requesting Party, the victim or his legal representative, civil plaintiff, civil defendant, witness or expert summoned in accordance with Article 11 of this Treaty, regardless of their nationality, may not be held criminally or administratively liable, taken into custody or punished for an act committed by them before crossing it. state border, as well as in connection with their testimony or expert opinions on the case under consideration. 2. The persons referred to in paragraph 1 of this Article shall lose the immunity provided for in this paragraph if, having the opportunity to do so, they have not left the territory of the requesting Party before the expiration of fifteen (15) days from the day on which they were informed of the absence of the need for their continued presence. This period does not include the time during which this person could not leave the territory of the requesting Party due to circumstances beyond his control.

Article 13 Procedure for handing over documents

1. The documents are served within the time limits stipulated by the legislation of the requested Party. 2. The requested Party shall send to the requesting Party a confirmation of the delivery of the documents - a receipt (with the date and signature of the recipient) or a protocol containing information on the method and time of delivery and on the person who received the documents. 3. If the service cannot be performed at the address indicated in the request for legal assistance, the requested Party, in accordance with its legislation, shall take the necessary measures to establish the address. If it is impossible to establish the address, the central authority of the requested Party shall notify the central authority of the requesting Party and return to it the documents to be served.

Article 14 Powers of diplomatic and consular missions

The Parties have the right to hand over documents to their citizens located in the territory of the other Party through diplomatic and consular missions.

Chapter 3 Special provisions on legal assistance in criminal matters

Article 15 Temporary transfer of persons in custody or serving a custodial sentence

1. If necessary, on the instructions of one of the Parties, a person, regardless of his nationality, who is in custody or serving a custodial sentence in the territory of the other Party, may, with his consent, be temporarily transferred to the requesting Party for conducting procedural actions in a criminal case, provided that he remains in custody and is returned to the time agreed by the Parties. the deadline. 2. The temporary transfer of a person should be carried out in such a way as not to prejudice the investigation that is being conducted in the requested Party in relation to this person. 3. A person transferred in accordance with paragraph 1 of this article shall enjoy, where applicable, the immunity provided for in article 12 of this Treaty. 4. The period during which the person transferred under this Article was in custody in the requesting Party is included in the total term of serving the sentence imposed by the verdict passed in the requested Party. 5. In cases where the transit of a detained person through the territory of a third State is necessary for the temporary transfer, the requesting Party shall send a transit request to the competent authority of the third State and notify the requested Party in advance of the results of consideration of the above-mentioned request, sending the relevant documentation.

Article 16 Search and seizure

1. The requested Party shall execute, in accordance with its legislation, orders to conduct a search, seizure and transfer of objects and documents to the requesting Party, provided that the order contains information proving the need to carry out such actions in accordance with the legislation of the requested Party. 2. The requested Party shall provide information that the requesting Party may request regarding the results of the search, the location and circumstances, and the subsequent seizure of items and documents. 3. The requested Party may request the requesting Party to agree to the procedures and conditions deemed necessary to protect the interests of a third party in connection with the subject to be transferred.

Article 17 Transfer of objects and documents

1. If there is a corresponding request, all items and documents found on the territory of the requested Party, obtained as a result of a crime, for the investigation of which legal assistance is provided, are transferred to the requesting Party. The transfer is carried out in compliance with the rights of third parties to objects and documents. 2. If the items and documents are required by the requested Party as evidence in a criminal case, their transfer may be postponed until the completion of the proceedings. 3. If items and documents are subject to seizure or confiscation in the territory of the requested Party, that Party may refuse to transfer them or temporarily transfer them. 4. If the legislation of the requested Party or the interests of protecting the rights of third parties require it, all items and documents transferred in this way shall be returned free of charge to the requested Party after the completion of the court proceedings, at the request of that Party. 5. No customs duties, taxes, or fees are charged on items that are transferred under this Agreement.

Article 18 Procedure for the consideration of cases within the jurisdiction of the courts of both Parties

When charges are brought against a person or group of persons for committing several crimes within the jurisdiction of the courts of the Parties, the court of the Party in whose territory the pre-trial proceedings have been completed is competent to consider them. In this case, the case is considered according to the rules of the criminal proceedings of this Party.

Article 19 Confidentiality

1. Upon request, the requested Party shall take the necessary measures to ensure that the fact of receipt and content of the order for legal assistance, the attached documents and all actions taken in connection with the execution of the order are kept secret. If this request cannot be granted without violating confidentiality, the requested Party shall inform the requesting Party, which shall subsequently determine whether to grant the request. 2. At the request of the requested Party, the requesting Party shall keep confidential the information and evidence provided to it by the requested Party, except in cases where such information and evidence are required for the investigation and judicial proceedings specified in the request for legal assistance.

Article 20 Restriction of use

1. Without the consent of the requested Party, the requesting Party shall not use or transfer evidence or information provided to it by virtue of this Agreement for investigation or judicial proceedings other than those described in the request for legal assistance. 2. In the event of a change in the charge, the evidence or information provided may be used to the extent that the crime for which the charge is being made constitutes a crime in respect of which legal assistance may be provided in accordance with this Agreement.

Article 21 Protection of witnesses, victims and other participants in criminal proceedings

The parties shall take measures provided for by their legislation to protect witnesses, victims and other participants in the criminal process in cases of crimes for which a joint investigation is being conducted, as well as when considering such cases in court, if the interests of the administration of justice require it.

Article 22 Notification of sentences and criminal record information

1. Upon request, each Party shall inform the other Party of the judgments that have entered into force against citizens of the other Party and persons with permanent residence in the territory of the other Party. 2. Upon request, the Parties shall inform each other about the criminal record of persons convicted in their courts, if these persons are prosecuted in the territory of the requesting Party.

Chapter 4 Final provisions

Article 23 Dispute resolution

Any disputes and disagreements regarding the interpretation or application of the provisions of this Agreement shall be resolved by the Parties through consultations and negotiations.

Article 24 Relation to other international treaties

1. The provisions of this Treaty shall not affect the rights and obligations of the Parties arising from other international treaties to which they are parties. 2. The Parties may conclude agreements among themselves, including of an interdepartmental nature, on the issues provided for in this Agreement, in order to supplement or expand the operation of its provisions or to facilitate the application of the principles laid down in it.

Article 25 Making additions and changes

Additions and amendments may be made to this Agreement, which are its integral parts and are formalized by separate protocols that enter into force in accordance with the procedure provided for in Article 26 of this Agreement.

Article 26 Entry into force

This Treaty is subject to ratification and enters into force on the thirtieth (30) day after the date of receipt of the last written notification through diplomatic channels that the Parties have completed the internal procedures necessary for its entry into force.

Article 27 Period of validity and denunciation

1. This Agreement is concluded for an indefinite period. 2. Each of the Parties has the right to terminate this Agreement at any time by notifying the other Party in writing through diplomatic channels. This Agreement is terminated upon the expiration of six months from the date of receipt of the relevant notification. In the event of termination of this Agreement, the legal assistance measures that were initiated during its validity period remain in force until they are fully implemented.

Article 28 Application of the Treaty

This Agreement applies to the execution of orders for the provision of legal assistance and in relation to acts committed before its entry into force.

Done in Sofia on November 14, 2014, in two copies in the Kazakh, Bulgarian and Russian languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the Parties shall refer to the text in Russian.

For the Republic of Kazakhstan

For the Republic of Bulgaria

President

Republic of Kazakhstan

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